Monthly Review: September 2003

This monthly review goes out to the leadership of AGI's member
societies, members of the AGI Government Affairs Advisory Committee,
and other interested geoscientists as part of a continuing effort
to improve communications between GAP and the geoscience community
that it serves.

Senate Democrats scored an apparent victory in August when the Senate
Republican leaders, eager to recess, replaced their version of comprehensive
energy legislation with a version passed last year when Democrats
held the majority. But that victory was short-lived. Since the first
and only meeting of the House-Senate conference committee that is
hammering out a final bill, Democrats have largely been excluded from
the process. As drafts have been vetted by staff on both sides of
the aisle, Republicans have taken control of the conference and negotiated
each provision that will ultimately be presented to the full House
and Senate. Since senators will spend October 6 - 10 in their districts
followed by House members spending Columbus Day week with their constituents
back home, the conference committee is not expected to resume work
on the energy bill until October 20th at the earliest. Here is how
things are beginning to shape up.

The difficult ethanol debate centers on how the energy bill will
address methyl tertiary butyl ether (MTBE). The issues are a federal
MTBE ban and liability protection for MTBE producers, both of which
are important to petroleum-state representatives led by House Majority
Leader Tom DeLay (R-TX). These issues have tied the conference in
knots, even splitting the GOP caucus along regional lines. Adding
to the turmoil is the rumor that some Republicans want an October
1, 2003, start date for the MTBE liability waiver, rather than simply
using the energy bill's date of enactment, according to a source
familiar with negotiations. The language would mean that September
30th was the last day any lawsuit could have been filed against
an MTBE producer using a defective product claim.

Senate Finance Committee Chairman Charles Grassley (R-IA) and
House Ways and Means Committee Chairman Bill Thomas (R-CA) must
work out differences between the House energy bill's $18.1 billion
in tax breaks and the Senate energy bill's $14.5 billion in tax
breaks. The latest reports suggest that these negotiations have
not yet begun.
The electricity provisions of the bill are being honed to do two
things: delay the Federal Energy Regulatory Commission's contentious
proposal on standard wholesale power market design and mandatory
regional transmission organizations, while preserving the commission's
ability to continue crafting voluntary market structures and policies
that would help promote reliability, particularly in the wake of
the August 14th blackout.

Language authorizing an Outer Continental Shelf oil and gas inventory
and opening the Arctic National Wildlife Refuge to oil drilling
will most likely survive into the final conference report. At the
same time, renewable portfolio standards and climate change provisions
favored by some Democrats and environmentalists will not be included,
according to E & E Daily and Greenwire. All of these topics
are virtually guaranteed to provoke filibusters in the Senate.

In a victory for oil companies, draft energy conference report
language prohibits the U.S. EPA from regulating a controversial
oil and gas extraction method under the Safe Drinking Water Act.
The language, which House and Senate conferees have already released
as part of the oil and gas title to the energy bill, refines "underground
injection" under the Safe Drinking Water Act to exclude hydraulic
fracturing from the definition of the term. EPA would not be permitted
to bar the drilling technique for "operations related to oil
and gas production activities," the draft states. The provision,
which was in the House bill, also excludes natural gas storage from
the definition of underground injection. According to E & E
Daily, this underground injection language overturns a 2001 decision
by the 11th Circuit Court of Appeals requiring EPA to regulate hydraulic
fracturing -- the process of injecting high-pressure
water and other fluids into oil reservoirs to enhance permeability
and flow in order to extract more oil and natural gas --
as a drinking water contaminant.

Continuing Resolution -- So that lawmakers can continue
to debate the funding levels for various agencies past the date when
the 2004 fiscal year (FY) begins on October 1st, last week Congress
was forced to pass its first continuing resolution (CR) to keep the
federal government operating at fiscal year (FY) 2003 levels, plus
some supplemental spending, through Halloween. The CR allows federal
agencies with budgets not yet approved by Congress to begin the new
fiscal year at current levels. Earlier this year, Congress approved
eight CRs before finally agreeing in February to a $396 billion omnibus
package for FY 2003.

VA/HUD Appropriations -- The Senate Appropriations
Committee passed the FY 2004 VA, HUD & Independent Agencies spending
bill during a mark-up session on September 4th. The committee funded
the National Science Foundation (NSF) at $5.585 billion, up $276 million
from last year and $104 million above the budget request. The accompanying
report (S. Rpt. 108-143) notes that "the Committee continues
to be supportive of the pursuit of a doubling path for NSF
funding. However, due to funding constraints, the Committee is not
able to provide such funding at this time, but will continue to pursue
these efforts in the future."

Within NSF, the Research and Related Activities account is slated
to receive a total of $4.22 billion, a 4% increase. Within this account,
the Geosciences Directorate is provided with $692 million, $5 million
more than requested but the same level as FY 2003. The Office of Polar
Programs is funded at $342 million, nearly $12 million over the request.
The Major Research Equipment and Facilities Construction account totals
$150 million, a slight increase over the FY 2003 funding level but
almost $53 million less than the budget request. Earthscope is provided
with $43.7 million, approximately $1.3 million less than requested.
(It is our understanding that NSF revised the request, and the committee
granted that amount.) The committee also provided $8 million to continue
construction of the Network for Earthquake Engineering Simulation
(NEES) and $1.3 million for the South Pole Station modernization effort.
As the Committee did not fund any "new starts" for FY04,
there is no funding for the National Ecological Observatory Network
(NEON) or International Ocean Drilling Program (IODP), both of which
were funded in the House bill. NSF's Education and Human Resources
activities are funded at $976 million, an increase of $73 million
above last year's level and $38 million above the budget request figure.
Within that total, the Math and Science Partnerships (MSP) program
would receive $145 million for MSP, $55 million short of the budget
request of $200 million, but $18 million above existing funding.

In other of the bill's provisions, the Committee correctly noted
that NASA is at a "crossroad in history." They provide NASA
a total appropriation of $15.3 billion in FY2004, which is level with
last year's funding and $130 million below the president's request.
As the House Science Committee wraps up its investigation into the
tragic loss of the Shuttle Columbia, the House and Senate conferees
will most certainly make changes to NASA's funding level in conference
to reflect new or different priorities. In funding the U.S. Environmental
Protection Agency, the Committee allocates $8.18 billion, which is
$552 million above the budget request and $105 million above last
year's allocation. This bill, along with five others, is waiting to
be passed by the full Senate sometime in October. For a more detailed
account of the Senate's allocations for the VA/HUD bill, see http://www.agiweb.org/gap/legis108/appropsfy2004_vahud.html#senate
.

Interior Appropriations -- The Senate finally passed
its version of the FY 2004 Interior & Related Agencies spending
bill on September 23rd, two months after the bill passed the Appropriations
Committee. Part of the hold-up has been a contentious provision proposed
by Senate Minority Whip Harry Reid (D-NV) to add language to the Senate
bill that would prohibit the use of funds for new competitive sourcing
studies in the Department of the Interior and the U.S. Forest Service.
Although Reid's amendment failed, that will not be the last of this
debate. The House included language similar to that proposed by Reid
when it passed the Interior bill this summer. The House and Senate
will have to reach an agreement on this language when they meet to
hammer out the differences between their bills. They will also have
to consider the administration's position on this language -- the
President has threatened to veto any bill barring competitive sourcing
studies. The conference must also reach compromises on funding for
the U.S. Geological Survey, the Department of Energy's Fossil Energy
Research and Development program, the Bureau of Land Management, the
Minerals and Management Service, the National Park Service and the
Smithsonian, among other geoscience-related programs. More at http://www.agiweb.org/gap/legis108/appropsfy2004_interior.html
.

USGS Coalition Sends
Funding Letter to Conferees

On September 30th, the USGS Coalition sent a joint letter signed
by 33 coalition organizations to members of the conference committee
for the Fiscal Year 2004 Interior and Related Agencies appropriations
bill. The letter thanks conferees for restoring proposed cuts in the
president's budget request, and encourages them to provide additional
support to "help USGS meet the tremendous need for science in
support of public policy decision-making." The conferees are
representatives and senators who sit on the House and Senate Appropriations
Subcommittees on Interior and Related Agencies as well as the chairman
and ranking member of the full appropriations committees. The conference
could start as early as October 8th with hopes of crafting a final
bill by the end of October. Copies of the letter are available at
http://www.usgscoalition.org
.

National Petroleum
Council Releases Natural Gas Policy Report

Secretary of Energy Spencer Abraham was on hand at the 112th meeting
of the National Petroleum Council in Washington, DC on September 25th.
There, the Council presented, approved and released their report,
"Balancing Natural Gas Policy -- Fueling the Demands of a Growing
Economy." Penned by industry leaders and members of the Bush
administration, the report asserts that a "fundamental shift"
in the nation's gas supply-and-demand balance has led to price volatility
and the doubling of natural gas prices in the past two years. The
report recommends increased imports of liquefied natural gas, construction
of an Alaskan natural gas pipeline and allowing drilling in currently
protected coastal areas and federal lands, particularly in the Rocky
Mountains. Further, it recommends lifting moratoria and allowing gas
production off the Atlantic and Pacific coasts and in the Gulf of
Mexico near the Florida panhandle. Conservation and greater energy
efficiency were touted as possible near-term fixes to prevent prices
from skyrocketing. A complete draft of the Summary of Findings and
Recommendations is available at http://www.npc.org.
Print copies will be available in mid-October.

Congressional Natural
Gas Task Force Issues Report

In response to the current natural gas issues, House Speaker Dennis
Hastert (R-IL) created the Task Force for Affordable Natural Gas,
which is composed of 18 Republicans from the Energy and Commerce Committee
and Resources Committee. The intended purpose of the task force is
to report to the Speaker on the causes of the gas supply shortage
and possible short-term solutions. On September 30th, the task force
issued its final report, which found several shortcomings in U.S.
policies that have led to tight supplies of gas. These include: lack
of regulatory certainty and incentives to produce and transport gas
on federal lands; lack of ability to identify potential natural gas
resources using 21st-century technology; and difficulty in obtaining
access to federal lands. The task force also recommended several solutions,
including: conducting a natural gas resource inventory on federal
lands; creating a federal office to coordinate permitting and environmental
review of natural gas projects; facilitating cooperation among federal
and state agencies and stakeholders on leasing and permitting for
natural gas production and transportation projects; streamlining the
permitting of natural gas projects on federal lands; and ensuring
timely decisions on lease applications for gas production on federal
lands, thus permitting requests for natural gas pipelines and production
on federal lands.

In response to the report, House Speaker Hastert issued a statement
calling on the task force members and chairmen to "continue working
together to find environmentally responsible ways to increase domestic
supplies of natural gas and promote fuel diversity." In response,
one of the task force chairs, House Energy and Commerce Committee
Chairman Billy Tauzin (R-LA), told E & E Daily that this report
was merely "stage one" in a process of monitoring how natural
gas supply, production and demand relate to the use of other fuels
that will continue through the next year. In other words, the Task
Force lives on. Information about the Task Force, its members, and
the report is available at http://energycommerce.house.gov/naturalgastaskforce/
.

Evolution at Issue in Texas, Minnesota, Wyoming

State and local challenges to the teaching of evolution have been
coming fast and thick this summer and fall. The AGI Government Affairs
Program web site now features a map that highlights the affected states
(which we're adding to at the rate of one or two per month) and has
information on how geoscientists can get involved at http://www.agiweb.org/gap/evolution/index.html
. This month's developments include:

The Texas State Board of Education held its final hearing on biology
textbook adoption on September 10th. The hearing lasted nearly 12
hours, and 140 Texans testified. Drafts are due from publishers
on October 3rd, with a vote scheduled for November 7th. Individual
districts may choose their own textbooks, but will only be reimbursed
for those that are state-approved. Most of the biology textbook
authors have signed a statement supporting evolution.

The Minnesota State Department of Education released draft science
education standards authored by a "citizens committee."
The standards do not mention alternative theories, despite Education
Commissioner Cheri Yecke's urging to the contrary. Following the
public hearings currently being conducted in 14 towns and cities
across the state, a final draft is due to state legislators on February
1, 2004.

In late September, according to reports from the Associated Press,
the Park County School District #6 in Cody, Wyoming adopted a new
Religion Policy. Among other provisions, the policy, as reported
by the AP, "...also spells out religious curriculum. Religions
can be taught in school, but one religion cannot be endorsed. Creationism
can be taught in science classes but only among a variety of theories."

Also in Wyoming, the Washakie County School District #1 in Worland
granted initial approval to a measure that would permit science
teachers to teach alternatives to the theory of evolution. The policy
reads: "It shall by the policy...when teaching Darwin's theory
of evolution that it is only a theory and not a fact. Teachers shall
be allowed in a neutral and objective manner to introduce all scientific
theories of origin and the students may be allowed to discuss all
aspects of controversy surrounding the lack of scientific evidence
in support of the theory of evolution." The board must approve
the evolution-education measure two more times before it is officially
approved, so there is still a short period of time for concerned
residents in the Worland school board's jurisdiction to become engaged
in the process.

For commentary on the spate of anti-evolution flare-ups around the
country, please see "Opposition to Evolution Takes Many Forms"
in the September issue of Geotimes, online at http://www.geotimes.org/sept03/scene.html
.

Senate Holds Confirmation Hearing on New EPA Administrator

On September 23rd, the Senate Environment and Public Works Committee
held a confirmation hearing for Environmental Protection Agency (EPA)
Administrator nominee Utah Governor Mike Leavitt (R). Remaining cordial
on Leavitt's background, Senate Democrats denounced President Bush's
environmental record even as Committee Chairman James Inhofe (R-OK)
chastised them for using the hearing to attack the administration.
Leavitt remained noncommittal on EPA policy, instead focusing on his
skills as a "problem solver." Environmental groups are leery
about Leavitt's decentralized environmental approach, as evidenced
by the National Environmental Trust's web site sporting the slogan
"The Environment: Love It or Leavitt!" This discord underscored
the frustrations faced by any EPA administrator. Leavitt has already
encountered an obstacle in Democratic Senators Hillary Clinton (NY),
Joseph Lieberman (CT), John Kerry (MA) and John Edwards (NC), who
have vowed to procedurally block Leavitt's confirmation until the
White House answers a number of environmental questions. Republicans
could override the blocks by passing a motion of cloture, but this
would require 30-60 hours of floor debate, giving Senate Democrats
the opportunity to further scrutinize the White House's environmental
record and cluttering an already busy fall schedule. More at http://www.agiweb.org/gap/legis108/epa_admin.html
.

Hearing on EPA Elevation to Cabinet Level Raises Restructuring Debate

On September 9th, the Bush Administration indicated for the first
time that it would support the restructuring of EPA during a House
Subcommittee on Energy Policy, Natural Resources and Regulatory Affairs
hearing on the elevation of EPA to departmental status. This fifth
hearing to date on the matter focused on two bills. H.R. 37 would
simply transform EPA into the Department of Environmental Protection
while H.R. 2138 would revamp it, creating three Offices (Policy, Planning
and Innovation; Science and Information; and Implementation, Compliance
and Enforcement), and establish a Bureau of Environmental Statistics
(BES) to collect and analyze environmental data. Acting EPA Administrator
Marianne Horinko and White House Council on Environmental Quality
Chairman James Connaughton, speaking on behalf of the Administration,
acknowledged that the new structure would be more manageable and well
coordinated. They also said that a BES would allow EPA initiatives
to be based upon more sound science -- a weakness for which EPA has
been criticized in the past. Subcommittee Ranking Member John Tierney
(D-MA), on the other hand, voiced concerns that EPA's "new"
mission as written in H.R. 2138 would limit EPA's jurisdiction and
that EPA elevation could become mired in a restructuring debate. Additional
misgivings arose about decreased public access to information and
a new set of coordination problems that might result from H.R. 2138.
More at http://www.agiweb.org/gap/legis108/epa_science.html
.

House Passes Bill to Minimize Earthquake Hazards

While not quite in September, the House passed an important piece
of geoscience legislation on October 1st: H.R. 2608, a bill to reauthorize
the National Earthquake Hazards Reduction Program. After a non-contentious
debate, the House approved the measure by voice vote. The bill now
goes over to the Senate for their consideration. When the Senate staff
was briefed on the bill during the August recess, they indicated that
a hearing would be held in late winter or early spring of next year.
The Senate appears likely to develop its own version of the bill rather
than adopting the House version. More at http://www.agiweb.org/gap/legis108/nehrp.html.

Marine Mammals to Get Added Protections

An amended Marine Mammal Protection Act (MMPA), H.R. 2936, passed
through the House Subcommittee on Fisheries Conservation, Wildlife
and Oceans on September 25th. One particularly relevant revision to
the act, which outlaws marine mammal capture or import, is a change
in the definition of the word harassment. Formerly denoting activities
that "injure" marine mammals, harassment would now include
any activity that "disturbs or is likely to disturb" them.
Research projects on oceanographic vessels have been nixed in the
past for potentially disturbing marine mammals with their high-powered
sound waves used in seismic surveys. Geotimes reported on one such
incident earlier this year (http://www.agiweb.org/geotimes/jan03/NN_whales.html
and http://www.agiweb.org/geotimes/mar03/WebExtra030403.html).
Addressing this issue after the subcommittee meeting, Subcommittee
Chairman and bill sponsor Wayne Gilchrest (R-MD) explained: "We
have worked hard to find balance, to maintain protections while providing
relief in certain areas to let much-needed research continue."
Subcommittee action on MMPA follows an unrelated federal court decision
earlier this month to protect marine mammals by limiting U.S. Navy
sonar use to "self defense, times of defense and in times of
war, combat or heightened threat conditions."

Geoscientists to Storm Capitol Hill March 3-4, 2004

AGI encourages geoscientists to plan now to attend the 9th annual
Science-Engineering-Technology Congressional Visits Day (CVD) in Washington
on March 3-4, 2004. This event brings over 200 scientists and engineers
to Capitol Hill to visit Members of Congress and their staff early
in the congressional budget cycle in an effort to increase federal
investment in science. AGI would like to see a strong contingent of
geoscientists at this event. We especially encourage Member Society
leaders to consider it. Attendees spend the first day receiving briefings
from federal agency officials and congressional staff followed by
a day of visits. As part of the first day, AGI and the American Geophysical
Union organize a special briefing specifically on geoscience issues.
In coming months, additional information will be available at http://www.setcvd.org
.

AGI Foundation Announces Congressional Fellowship Endowment

For the past six years, the AGI Foundation has provided support
for the AGI congressional science fellowship, making it possible for
AGI to bring geoscience expertise to Capitol Hill in the most direct
way possible: as congressional staff. Now the foundation is announcing
the establishment of an endowment to ensure lasting support for the
fellowship. The endowment honors William L. Fisher, the Leonidas T.
Barrow Chair in the Department of Geosciences and Director of the
John A. and Katherine G. Jackson School of Geosciences at the University
of Texas, Austin. It is a recognition of Bill Fisher's outstanding
service to the nation, his home state of Texas and the geological
profession. For three decades, as Director of the Bureau of Economic
Geology, Bill Fisher was the State Geologist of Texas. At the national
level, Bill served as Assistant Secretary of the Interior for Energy
and Minerals under President Ford. Over several administrations, he
has been an advisor to the President, Secretary of Energy and Secretary
of the Interior, and he has chaired countless National Research Council
committees and boards. Bill's record of government service is matched
by his service to the geosciences, including the presidency of AGI
and three of its member societies as well as key roles in many others.
During his AGI presidential year, Bill had the vision to establish
the Government Affairs Program, now in its eleventh year of serving
as a voice for shared interests of the geoscience community in Washington.

At this time, just under $1.5 million has been raised thanks to a
series of major donations, led by the late John A. Jackson who gave
$500,000 to honor his friend. The AGI Foundation is seeking to raise
over $2 million so that the endowment can fund one and possibly two
fellows every year. The Fisher endowment is the first of its kind
among all the many scientific and engineering societies that have
supported fellows over the year.

Called "Eyes on Planet Earth: Monitoring our Changing World,"
this event gives students and citizens new opportunities to discover
Earth sciences and encourages stewardship of the Earth. It highlights
the important contributions that Earth and environmental sciences
make to society and engages the public in current scientific exploration.
AGI invites you to attend an event, visit a classroom or go on a field
trip! For more information on how you can participate, please visit
http://www.earthsciweek.org
. Address any questions to info@earthsciweek.org.

AGI Government Affairs
Program Wins USGS Powell Award

At an awards ceremony on September 25th, AGI's Government Affairs
Program was one of three recipients of the U.S. Geological Survey's
2003 John Wesley Powell Award, named for the Survey's second director.
The Powell award recognizes individuals or organizations that have
"made significant contributions to the advancement of the programs
of the USGS."

AGI/AAPG Spring Semester Intern Applications Welcome

AGI is seeking outstanding geoscience students and recent graduates
with a strong interest in federal science policy for a twelve-week
geoscience and public policy internship in spring 2004. Interns will
gain a first-hand understanding of the legislative process and the
operation of executive branch agencies. They will also hone both their
writing and Web-publishing skills. AGI gratefully acknowledges support
from AAPG for the semester internships. Applications must be postmarked
by October 15, 2003. For more information, please visit http://www.agiweb.org/gap/interns/index.html.

List of Key Federal
Register Notices

What follows is a summary of Federal Register announcements regarding
federal regulations, agency meetings, and other notices of interest
to the geoscience community. Entries are listed in chronological order
and show the federal agency involved, the title, and the citation.
The Federal Register is available online at http://www.access.gpo.gov/su_docs/fedreg/frcont03.html.
Information on submitting comments and reading announcements are also
available online at http://www.regulation.gov.

Department of Energy (DOE) Notice of Availability of a Financial
Assistance, "Support of Advanced Coal Research at U.S. Colleges
and Universities." Volume 68, Number 187 (26 September, 2003):
p. 55599-55604